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Backup Documents 03/09/2010 Item #17C COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i)17C .." - '0",0 To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement 0 Other: (Display Adv., location, etc,) *********************************************************.**..****..***-*.***.***....***************.***** Originating DeptJ Div: Airoort AuthoritvlCountv Manager's Office Person: February 18, 2010 Debra BrueliZ2emanIWinona Stone Date: Petition No. (If none, give brief description): None Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above Hearing before ~ BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) March 9, 2010 (NOTICE TO RUN NO LATER THAN FRIDAY February 26, 2010) Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News o Other XXX Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-03, KNOWN AS THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, BY AMENDING SECTION THREE, "DEFINITIONS," SECTION FOUR, "CONTINUANCE OF AUTHORITY, AIRPORT BOUNDARIES," SECTION FIVE, "GOVERNING BODY; MEMBERSHIP; APPOINTMENT AND TERMS OF OFFICE;" SECTION SIX, "COMPENSATION OF MEMBERS," SECTION SEVEN, "POWERS, F1JNCTIONS AND DUTIES;" SECTION EIGHT, "ANNUAL WORKSHOP; BUDGET AND REPORTS;" SECTION NINE, "ADMINISTRATIVE CODE;" SECTION TEN, "EXECUTIVE DIRECTOR;" SECTION ELEVEN, "NON-INTERFERENCE," AND SECTION FOURTEEN, "ADOPTION OF RULES AND REGULATIONS PREVIOUSLY ADOPTED BY THE COLLIER COUNTY AIRPORT AUTHORITY," IN ORDER FOR THE BOARD OF COUNTY COMMISSIONERS TO SERVE AS THE GOVERNING BOARD OF THE COLLIER COUNTY AIRPORT AUTHORITY, AND PROVIDE THAT THE AIRPORT AUTHORITY EXECUTIVE DIRECTOR REPORT TO AND SERVE DIRECTLY UNDER THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE AIRPORT AUTHORITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CREATING THE AIRPORT AUTHORITY ADVISORY BOARD; PROVIDING FOR CREATION; PROVIDING FUNCTIONS, POWERS AND DUTIES, PROVIDING FOR APPOINTMENT AND COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND FILLING OF VACANCIES; PROVIDING FOR REMOVAL FROM OFFICE FOR FAILURE TO ATTEND MEETINGS, PROVIDING FOR OFFICERS, QUORUM AND RULES OF PROCEDURE; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES, PROVIDING FOR CONFI,ICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOTE: PLEASE REVISE REMAINDER OF AD TO REFLECT MULTIPLE ORDINANCE5, Companion petition(s), if any & proposed hearing date; See above Does Petition Fee include advertising cost? 0 Yes XXX No If Yes, what account should be charged for advertising costs: 495-1923 I 0-648160 Revi7tbY: '~ () 'If! tJr/l Division Administrator or Designee ca,lq,ID Date 17C ~P'l List Attachments: DISTRIBUTION INSTRUCTIONS A. For bearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval beCore submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file, to 0 Requesting Division 0 Original Clerk's Ornce Proposed Ordinances B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. .......................................................................................~..~............. FOR CLERK'S OFFICE USE ?tiff' ;9 It ' "/. Date Received: > I~ ID Date of Public hearing: if 9 2tJIO Date Advertised: ,;z.. o<-V '.)lJf12 I I I Send ail Invoices to: I~t \1 Board of County Commissioners Purchasing Department 3301 Tamiami Trail E Naples FL 34112 Tax Exempt: 85-B012621830C42 (i) Board of County Commissioners AUn: Accounts Payable Building F 7th Floor 3301 Tamiami Trail E Naples FL 34112 Purchase Order number must appear on all related correspondence, shipping papers and invoices: Purchase order PO Nemb" 4500116015 D",02/17/2010 Vendor# 119456 NAPLES DAILY NEWS COLLIER COUNTY PUBLISHING CO PO Box 630790 CINCINNATIOH 45263-0790 Contact Person Marco Airport Telephone 239/642-7878 Please deliver to: COLLIER COUNTY AIRPORT AUTHORITY 2005 MAiNSAIL DR, STE 1 NAPLES FL 34114-8847 Delivery Date: 02/19/2010 Terms of Payment Net 30 Days Currency USD Item Material 00010 Description LEGAL NOTICE - CHANGE IN CCM ORDINANCE OrderQty Unit 500 each Price Per UnH 1,00 Net Value 500,00 Total net value exel. tax USD 500.00 I VENDOR Terms and Conditions The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Purchasing Internel site. http://www.colliergov.netllndex.aspx?page=762 (revision date 01/22/2008), including delivery and payment terms. Further the VENDOR agrees to: 1. Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and specifications listed above 2 Notify department Immediately if order fulfillment cannot occur as specified 3. Send all invoices to: Board of County Commissioners Attn: Accounts Payable PO Box 413016 Naples, Florida 34101-3016 The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: ~~ 'r! (~~J Stephen y, Carnell, General Services I Purchasing Director Printed Thu Feb 18 2010 12:19:34 GMT-OSOO 495-192310-648160 Page 1 011 17C~lt.11 ORDINANCE NO. 2010 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-03, KNOWN AS THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, BY AMENDING SECTION THREE, "DEFINITIONS;" SECTION FOUR, "CONTINUANCE OF AUTHORITY; AIRPORT BOUNDARIES;" SECTION FIVE, "GOVERNING BODY; MEMBERSffiP; APPOINTMENT AND TERMS OF OFFICE;" SECTION SIX, "COMPENSATION OF MEMBERS;" SECTION SEVEN, "POWERS, FUNCTIONS AND DUTIES;" SECTION EIGHT, "ANNUAL WORKSHOP; BUDGET AND REPORTS;" SECTION NINE, "ADMINISTRATIVE CODE;" SECTION TEN, "EXECUTIVE DIRECTOR;" SECTION ELEVEN, "NON-INTERFERENCE;" AND SECTION FOURTEEN, "ADOPTION OF RULES AND REGULATIONS PREVIOUSLY ADOPTED BY THE COLLIER COUNTY AIRPORT AUTHORITY;" IN ORDER FOR THE BOARD OF COUNTY COMMISSIONERS TO SERVE AS THE GOVERNING BOARD OF THE COLLIER COUNTY AIRPORT AUTHORITY, AND PROVIDE THAT THE AIRPORT AUTHORITY EXECUTIVE DIRECTOR REPORT TO AND SERVE DIRECTLY UNDER THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE AIRPORT AUTHORITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 332, Florida Statutes, authorizes Collier County to acquire, establish, construct, enlarge, improve, maintain, equip, operate, and regulate County airports and other navigation facilities; and WHEREAS, Section 332.08, Florida Statutes, authorizes Collier County to vest authority for the construction, enlargement, improvement, maintenance, equipment, operation, and regulation thereof in an officer, a board, or body by ordinance or resolution which shall prescribe the powers and duties of such officer, board or body; and WHEREAS, the governing body ofthe Airport Authority has previously been composed of seven citizen members appointed by the Board of County Commissioners; and WHEREAS, the Board of County Commissioners now desire to serve as the governing body of the Airport Authority and create a citizen-member advisory board(s) to advise the Board concerning County airports; and Page I of 12 Words underlined are added; Words '!fuel, through are deleted. 17C !nr' '11 WHEREAS, the Board of County Commissioners desires to appoint the members of the Airport Authority that exist as of the date immediately preceding the effective date of this Ordinance amendment to the Airport Authority Advisory Board; and WHEREAS, the Board of County Commissioners desire to make the Airport Authority Executive Director serve at its pleasure; and WHEREAS, the Board of County Commissioners desire to adopt all policies and procedures of the Airport Authority, to include the Administrative Code, in existence as of the effective date of this Ordinance amendment. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO SECTION THREE OF ORDINANCE NO. 2004-03, AS AMENDED. Section Three of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION THREE. Definitions. As used in this Ordinance, the following words and terms shall have the following meaning unless the context clearly requires otherwise: . . . "Authority" means the Collier County Airport Authority ereatea 13)' Orailllmee ]>Ie. 93 36 aRa eeatiallea 13)' this Oraiflaflee as created bv this Ordinance. . . . SECTION TWO: AMENDMENTS TO SECTION FOUR OF ORDINANCE NO. 2004-03, AS AMENDED, Section Four of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION FOUR. Continuance of Authority; Airport Boundaries. ^- The Beara, eR Jtlfie 22, 1993, 13)' eRaetffieat ef Cellier Celmt)' OraiRElRee Ne. 93 36, ereatea a seven memBer Bed)' designated as the Cellier Cellat)' .^.ilflert .^.atherity. Page 2 of 12 Words underlined are added; Words struel, llrre.gh are deleted, 17Cf ,,' B A. The Authority is a "political subdivision" of Collier County as defined in subsection 333.01(9), Florida Statutes. The Authority is also a "political subdivision" of Collier County as used in Section 196.199, Florida Statutes, regarding ad valorem taxation. C. The ."'lithesty is aet a "eleJlIlf'..meat" liaeler Cellier CeWlty OfdiatlHee Ne. 81 14, as amenaes. }Jeither the EKitherity, the ANtherity's Enee1Jt.i..-e Direeter, Rer other empleyees sf the Alitherit)' are liRaer mBRagemeat ef the CallRly Maaagar. g .I!. The Authority shall take no action that is inconsistent with applicable general law, any applicable special act, any applicable comprehensive land use plan, any applicable land development ordinance, or any other applicable ordinance, rule or regulation adopted by the Board pursuant to Chapters 332 or 333, Florida Statutes, or any applicable regulation of any governmental entity that has authority to adopt regulations that are superior to the Authority with respect to the specific issue. B !::. The legal description and a map of each of these three airports are attached hereto and are a part hereof as Exhibits A, B and C. The legal description and maps mav be amended bv Resolution of the Airport Authority. SECTION THREE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO. 2004-03, AS AMENDED. Section Five of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION FIVE. Governing Body; Membership; Appointment and Terms of Office t.. The gevemiag aeay ef tile t.tilkerity sllall be eemfleseel ef seveR (7) members llIlel aae (I) altemale member aflfleialed by the Beafd. The altemale member shall aet ealy iR the aaseHee, er ais(j,\IalifieatieR, ef a regalar member. ElleeJlt wllea a member is afl]'leiateel te fill the remaiReler ef a vaealeel term, memaers shall ae ap]'leiated to serve feur year terms, Ther~ are ae limitatiefts aa tlte aliffiaer ef times that memaers ef the .^.Ilthority mllY ae re aflJleiateel te the Alitherity. III the e'feat this Jlre'fiaieR eeamets witk aay etker Cellier Cewlly rule, regulatieR er erdiaaaee, this JlrevisieR shall Jlrevail. Vflea the ellfliralieR ef a memaer's term ef emee, slieh member shall maiRtaia his ar her afljloialmeat lIIltil the memaer is either re aflJleimeel er a inleeesser is aflJleimeel ay the Beard. B. Members efthe !.litlteRI')'~' be remeved with er withaut eause ay a majerily vate ef tlie membershiJl afllte Baarel. Vaeaneies all tlie ."'lItherily skllll ae Rllsel ill the same lfIanRer lIS the erigiaal afljlaiRlmem. C. Members ef tlte :\utherity sltall ae resieleRts ef Calliar CellHty llIld m\lst have ausiRess ability ana en)3erieflee in 8fle aT mere fielas ..vhieh, BY ,yay Bf example, may iashule, but are Rot limited te, geaeral busiaesB, eeeR8ffiie aevele]3m.el8t, aviatiea, }9\1hlie affairs, la\v, f.iaanee, aeeeHfltiag, eagiaeeAag, aattifal rese\:tfee eenservatiea, 0f relates fields. THere SHall Be at least eRe (I) memaer ef tile ,'\\IlIlerity aflJleiRteel Hem bnrnelullee, Maree IsIMel, and E>lerglades Page 3 of 12 Words underlined are added; Words stnlelc thraugh are deleted. 17Cti!P~ City sf a E(wdified sWldidate ',vas resides ,,'lilkiR tile resflsetive area is availallie for llflflaiRtmoflt ta tile Aathorily. No flemaR haldiRg eleeted amee at tke state, SOUll!)' ar maRieiflality le'.el skall 8e aflfloiRted ta, or 8e a member of, the !\atkoritj'. A. The Board of County Commissioners hereby declares itself to be the Collier County Airport Authority. 9 ]i. Effective as of the beginning of each fiscal year (October I), the Authority shall from its members elect a chairman and vice chairman. The AlllIlarity may delegllte ilie dlllies ef searelary ta the el[eelltive E1iree!ar af the l.atharit)' or E1esigRee. If an election does not occur, the chairman and vice-chairman of the Board of County Commissioners will hold those same positions on the Airport Authoritv governing board. g~. The County's Purchasing Policy and the County's Personnel Rules and Regulations will apply to the Authority except as provided otherwise in the Authority's Administrative Code, as amended from time-to-time. F D. The Clerk to the Board shall, to the extent required by law, serve as clerk to the Authority. The Authority, at its discretion, may utilize the services of the Clerk over and above the services the Clerk must perform for the Authority as a matter of law. The Authority shall annually budget and reimburse the Clerk as appropriate for the cost of all services and materials supplied by the Clerk to the Authority. The Authority shaH organize its own financial records to facilitate its day-to-day operations and provide financial records in such form and in such manner as required by Chapter 218, Florida Statutes, and additional requirements, if any, specified in the Authority's Administrative Code. To the extent allowed by law, the Authority may, through its Administrative Code, remove itself from fiscal and other review and approval by the Clerk to the Board. G g. Other Departments of the County, including the office of the County Manager, may assist the Authority as requested by the Authority, The Authority shall reimburse each respeclive department for the cost of services and materials supplied by that department to the Authority. SECTION FOUR: AMENDMENTS TO SECTION SIX OF ORDINANCE NO, 2004-03, AS AMENDED. Section Six of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION SIX. Compensation of Members. The members of the Authority shall receive no compensation but each shall be reimbursed expenses in accordance with the provisions of general law, and in conformity with the Authority's budget as llflJlro'.ea BY tke Baanl. Page 4 of 12 Words underlined are added; Words 9lruel, tI-.reugh are deleted. 17C SECTION FIVE: AMENDMENTS TO SECTION SEVEN OF ORDINANCE NO. 2004-03, AS AMENDED. Section Seven of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION SEVEN. Powers, Functions and Duties. A. The Authority shall be responsible for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and all related airport facilities. The day-to-day activities ef IRe .^.1ilflerity, of the Executive Director; and of the Authority's other employees shall not require prior approval from the Board. Authoritv. or the County Manager. B. The Authority shall have no power to levy or collect ad valorem taxes unless provided otherwise in a special act of the Florida Legislature. C. The Authority has the following powers and duties: I. Subject to and consistent with the Authority's budget, to make and execute contracts and other instruments necessary or convenient to the exercise of its powers. 2. The Authority may adopt resolutions, rules and regulations that are necessary to conduct the business of the Authority. 3. To accept gifts; to apply for and use grants or loans of money or other property from the United States, the State of Florida, any unit of local government, or any person for any lawful purpose; to hold, use, sell and dispose of such monies or property for any Authority purpose in accordance with the tenns of the gift, grant, loan or agreement relating thereto; and to enter into interlocal agreements as convenient to accomplish its goals. 4. To maintain an office within the County at such place or places the Authority designates. 5. Subjeet te Jlrier aflJlreval ef tile Beare, t 10 borrow money and issue revenue bonds or anticipation certificates, warrants, notes or other evidence of indebtedness; to designate an agent of record; to sell or mortgage real or personal property, or to accept any grant. 6. To adopt by resolution a schedule of rates, fees and other charges for the use of the services, airports and airport facilities to be paid by owners, tenants, or occupants of each parcel of land or the user of any facility which may be connected with or provided service, use or availability of any airport facility. The initial schedule of such rates, fees and other charges shall be those in effect at the three airports as of the effective date of this Ordinance. The Authority may from time-to-time revise the schedule of rates, fees Page 5 of 12 Words underlined are added; Words struel, through are deleted. 17C and other charges. Such rates, fees, and other charges shall be adopted and revised so as to provide funds, which, with other funds available for such purposes, shall be sufficient at all times to pay the expenses of operating and maintaining the airports and airport facilities (including reimbursements to the county), to provide a margin of safety over and above the total amount of such payments, and to comply with covenants to bondholders. Also to provide, if applicable, reserves for the principal and interest on revenue bonds as the same may become due. The Authority shall charge and collect such rates, fees, and other charges so adopted and revised. 7. To sub-lease as sub-lessor, and to lease as lessee, to or from any person, firm, corporation, association, or body, public or private, any airport facility or airport property of any nature for the use of the Authority to carry out any purpose of the Authority. To grant easements, licenses and use agreements at each airport. Eaeh stle lease where the :\lItherity is tile slie lesser, llHa elleh grllnt ef any saeh easemeRt, license sr ather lise agreemeRt, shall ee slill:ieet to Iljlprsval sf the Bsara if tile term sf the stle lease, lieeRse, easemellt, use agFeemeat Sf ether agreemeat aT eeeumeBt will eeRtrel ase sr seel!f.lllHs)' sf Feal prsflefty fer a term greater then fiye (5) yellfs, iRollidiRg e'lery efltieR ts reRew Sf ellleRa the teFR!. 8. To acquire by purchase, lease, gift, dedication, or devise, or otherwise, real and personal property or any estate therein for any lawful purpose of the Authority; also to trade, sell or otherwise dispose of surplus real or surplus personal property in accordance with general law. The Authority may purchase equipment by an installment sales contract if budgeted and funds are available to pay the current year's installment and to pay the amounts due that year on all other installments and indebtedness. The Authority shall have no power of eminent domain except (a) in the name of the county pursuant to Chapter 74, Florida Statutes, as authorized by the Board, or (b) except as authorized by special act of the Legislature. 9. To hold, control and acquire by donation or purchase any public easements, dedications to public use, platted reservation for public purpose, or reservation for any lawful purpose of the Authority, and to use such easement, dedication or reservation for any lawful purpose of the Authority. 10. To hire emple)'ees, inohldiRg the Executive Director, who shall be an employees of the County and shall be subject to the County's Human Resources Policies and Procedures except to the extent, if any, specifically provided otherwise in the Authority's Administrative Code. II. To contract for professional services including, but not limited to, planning, engineering, legal, and/or other professional services. No person engaged to provide such services shall be an employee of either the Authority or the County. 12. At the Authority's discretion, the County Attorney's office will serve as the Authority's attorney. The Authority may retain individual attorneys at law and/or law Page 6 of 12" Words underlined are added; Words stru.l, thre~gIl are deleted. 17C finn(s) to serve as the Authority's attorney for some or all of the Authority's legal services. 13. To exercise all power and Authority that is convenient and appropriate to accomplish any duty, responsibility, goal, plan, or purpose of the Authority as provided for in this Ordinance. 14. To create advisorv board(s) bv ordinance. D. The Authority shall have a lien upon all aircraft landing upon any airport operated by the Authority for all charges for fuel, landing fees and other fees and charges for the use of the facilities of such airport by any such aircraft, when payment of such charges and fees is not made immediately upon demand therefore to the operator or owner of the aircraft by a duly authorized employee of the Authority. The lien for the full amount of the charges and fees due to the Authority attaches to any aircraft owned or operated by the person owing such charges and fees. Such lien may be enforced as provided by law for the enforcement of warehousemen's liens in Florida. It is unlawful for any person to remove or attempt to remove any such aircraft from such airport after notice of the lien has been served upon the owner or operator thereof or after posting of such written notice upon such aircraft. Any person who removes or attempts to remove any such aircraft from the airport after service or posting of the notice of the lien as herein provided, and before payment of the amount due to the Authority for fees or charges incurred by such aircraft, shall be guilty of a criminal offense and misdemeanor within the meaning of Section 775.08, Florida Statutes, and shall be punished as provided by law. SECTION SIX: AMENDMENTS TO SECTION EIGHT OF ORDINANCE NO. 2004-03, AS AMENDED. Section Eight of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION EIGHT. Annual workshop; budget and reports. A. The :\lItheFi!)' Executive Director shall schedule and conduct one (1) workshop with the BelH'Ei Authority prior to submission of the ;'.utherit)"s Executive Director's tentative annual budget request. For each fiscal year the .^outharit)' Executive Director shall prepare a tentative annual budget including revenues and expenses for the operation of the three airports during the ensuing fiscal year. The budget shall be transmitted to the County Manager for Authoritv and Board review and adoption on or before May I, or otherwise in accordance with the County's general budget policy or general law, whichever date is earliest. Each proposed budget shall include an estimate of all planned and contingent expenditures of the Authority for the ensuing fiscal year, plus an estimate of all income to the Authority from all sources for that fiscal year and shall include an update of the Authority's five-year strategic business plan. The Board shall consider the proposed budget item by item and may either approve the budget as proposed by the Authority, or modify the same in part or in whole. The budget of the Authority shall be adopted in the same manner provided, and the times established by law for the adoption of the budget by the County. The Authority shall be responsible for the implementation of the budget Page 7 of 12 Words underlined are added; Words strnek tkr.ugh are deleted. 17C as approved by the Board. The annual budget proposed by the Authority and approved by the Board should continuously implement the Authority's five-year master plan. B. By March 15th of each year, the f.l!therity Executive Director shall submit to the board an annual report on its airoort activities and operations for the preceding fiscal year, including an independent financial audit. C. For the December, March, June and September calendar quarters of each year, the A1Hkarity Executive Director, not later than forty - five (45) days following the end of each quarter, shall deliver to the Boord Authority a quarterly financial report including the status of grants and income from sub-leases, licenses, and other revenue producing items. SECTION SEVEN: AMENDMENTS TO SECTION NINE OF ORDINANCE NO. 2004-03, AS AMENDED. Section Nine of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION NINE. Administrative Code. A. The Authority shall mav adopt an Administrative Code bv Resolution(s) that prescribes details regarding the powers, duties and functions of the officers of the Authority; the conduct of the business of the Authority; the maintenance of records and the form of other documents and records of the Authority. Tile .^.aminiotfiHh'e Caae ana amenameffis Hiereta are nat oubjeet te LlflllrayalaftRe Baara ar aftRe Ca~' M!lflager. B. The Administrative Code shall organize the administration of the Authority and shall detail the duties, responsibilities, policies, rules and regulations of the Authority as delegated to the Authority by this Ordinance, by other ordinances, by rules and regulations of the Board, or by Special Act of the Legislature. C. The Administrative Code in existence as of the date of this Ordinance amendment is effective onlv to the extent that it is consistent with Collier County rules and regulations and this Ordinance. SECTION EIGHT: AMENDMENTS TO SECTION TEN OF ORDINANCE NO. 2004- 03, AS AMENDED. Section Ten of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION TEN. Executive Director. A. The Authority shall mav have an Executive Director to serve as the Authority's chief operating officer. The Executive Director shall be hired by an affirmative vote of the membership of the Authority subject ta (i) Ille Boara al'l'reving eaell "elifell fer an B](eetllive Direetar, (ii) tile Beara ajljlraviflg the iRaiyiaual reeemmsRaea la the Baara far emllleymeflt as Page 8 of 12 Words underlined are added: Words struol, lhrough are deleted. 17C el[eellth'e Dirseter, ana eiii) tile BeW'a R)l)lrs-..iag the )lrsjlesea effijlle)'ffi6at agr6smeBl. Subject to the provisions of an Employment Agreement of the Executive Director, the Executive Director may be terminated, with or without cause, by an affirmative vote of the membership of the Authority. B. The Executive Director shall work under the direction of the Authority. C. The Executive Director shall be the chief operating officer of the Authority. All executive and administrative responsibilities and powers specified herein shall be assigned to and vested in the Executive Director. D. The Executive Director shall: I. Be responsible for the administration, management and operation of the airports and airport facilities. 2, Formulate and prepare recommendations regarding policies, rules and regulations, directives, programs, agreements, sub-leases, leases, contracts, and all other documents which require consideration, action, or approval of the Authority. 3. Implement all lawful directives of the Authority. 4. Prepare annual budget and the annual report for approval of the Authority and the Board. 5. Recommend employment of, direct, supervise, and recommend personnel actions regarding Authority employees in accordance with the County's Human Resources Policies and Procedures, except to the extent those policies and procedures do not apply to the Authority as exempted by the Authority's Administrative Code. The Executive Director shall also direct and supervise professional service providers engaged by the Authority . 6. Carry out such other powers and duties as may lawfully be assigned by the Authority. E. The Executive Director shall be qualified by executive and administrative experience. Minimum qualifications for the Executive Director are to be specified in the Administrative Code. The compensation of the Executive Director as specified in the applicable employment agreement shall be set by the Authority in accordance with the budget approved by the Board, and in accordance with the County's Human Resources Policies and Procedures, except to the extent those policies and procedures do not apply to the Authority because of exemptions provided for in the Authority's Administrative Code. Page 9 of 12 Words underlined are added; Words strnelc thrSklg.R are deleted. 17C SECTION NINE: AMENDMENTS TO SECTION ELEVEN OF ORDINANCE NO. 2004-03, AS AMENDED. Section Eleven of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION ELEVEN. Non-Interference. Consistent with Ordinance No. 93-72. as amended (Countv Manager's Ordinance) and Ordinance No. 96-40, as amended (Collier Countv Personnel Ordinance),Mmembers of the Authority may communicate with employees, officers, agents under the direct or indirect supervision of the Executive Director, including professional service providers, for the purpose of inquiry or information. Except for purposes of inquiry or information, no member of the Authority shall give directions to or interfere with any employee, officer, agent, or with any professional services provider under any direct or indirect supervision of the Executive Director. SECTION TEN: AMENDMENTS TO SECTION FOURTEEN OF ORDINANCE NO. 2004-01, AS AMENDED. Section Fourteen of Ordinance No. 2004-01, as amended, is hereby amended as follows: SECTION FOURTEEN. Adoption of Rules and Regulations Previously Adopted By the Collier County Airport Authority. A. The Board of County Commissioners, pursuant to Section 332,08, Florida Statutes, hereby adopts all of the following Rules and Regulations heretofore adopted by the Collier County Airport Authority ("Authority"): I. The Collier County Airport Authority Rules and Regulations for General Aviation Airports, Collier County, Florida, applicable to the Everglades Airport, to the Immokalee Regional Airport, and to the Marco Island Executive Airport, adopted by the Authority as revised on February 11,2902 (17 jlages) Februarv 1.2002. 2. The Cellier CelHlty ,\ifJlert l.lHheFity MiaimWH Slamlaras fer Cemmereial aHa Neft Cemmereial Aereftll\ltieal Aetivities at the Illlffiekalee Regieftal l.iTflert, aaejltea by the hltheFit;,' lIS re';isea Oft February II, 20()2 (17 jlages). 3. The Cellier Ceeffi;,' Ail'jlert ,^'lHherity MiftimW1l Staftaaras fer CelllffiercialllHa Neft CeHlHlereial l,erenautieal l.etivities at the Eyerglaaes AiFflark, aaejllea by !he AlRaerity as rovised eft Febfliary II, 2()02 (17 jlages). 1. The Cellier Cellmy }\il'jlert :\lItaerity MiftimlfHl SlaRaaras for Cemmereial llHa }!eft COlllffiereial ;\er"llnalRieal Aetiyilies at !he Maree IslllHa El[eolltive A1Fflert, aaejltea by the AlItheFity as re,/isea Oft February 11, 2002 (17 jlages). Page 100fl2 Words underlined are added; Words stroek thrsligh are deleted. 17C 2. Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports, as revised on November 14, 2005 ~ J The Collier County Airport Authority Administrative Code, adopted by the Authority as revised on FeBruary 11,2992 (42 pages) August 9.2004. e~. The Collier County Airport Authority Leasing Policy adopted by the Airport Authoritv as revised on February II, 2002, ( 19 pages). B. Subsection 332.08(2)(b), Florida Statutes, (authorizing enforcement of violations of such Rules and Regulations as a second degree misdemeanor) applies only to Rules and Regulations adopted by the Board. Future amendments to such Rules and Regulations may not be enforced as a misdemeanor pursuant to this Ordinance until each such respective future amendment(s) is/are adopted by the Board pursuant to Section 332.08, Florida Statutes, which may be by adoption of a Resolution of the Board subject to the four weeks public notice requirement. However, this limitation does not affect enforcement of any such future amendment(s) to any such Rule or Regulation except when the amended Rule or Regulation is to be enforced as a misdemeanor. Violation of any such future amendment not yet then adopted by the Board may be referred for enforcement to any Collier County enforcement department and/or to any outside agency or entity, for enforcement by other means. C. Every violation of any such Board adopted Rule and/or Regulation shall be a separate violation of this Ordinance. Also, every individual who, while in the presence of a law enforcement officer, either refuses to immediately obey an oral order (instruction) to leave the airport, or to move hislher person to some other part of the airport, or who is then committing any violation of any such rule or regulation, or is committing a trespass anywhere in any secured area of an airport, such law enforcement officer may arrest the violator without a warrant for any such violation(s), which Authority to arrest without a warrant is authorized by subsection 901.15(1), Florida Statutes. SECTION ELEVEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TWELVE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be Page I I of 12 Words underlined are added; Words '!fuel< Ihfoagh are deleted, 17C t'\~' . deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THIRTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of ,2010. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRED W. COYLE, CHAIRMAN By: Approved as to form and legal sufficiency: Jennifer B. White ~ --€> ~ Assistant County Attorney Page 1201'12 Words underlined are added; Words struel, threugh are deleted. l'7C ~ll' ORDINANCE NO. 2010- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CREATING THE AIRPORT AUTHORITY ADVISORY BOARD; PROVIDING FOR CREATION; PROVIDING FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR APPOINTMENT AND COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND FILLING OF VACANCIES; PROVIDING FOR REMOVAL FROM OFFICE FOR FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM AND RULES OF PROCEDURE; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners ("Board") serves as the governing body ofthe Collier County Airport Authority ("Airport Authority"); and WHEREAS, the Airport Authority oversees the development and management of the Marco Island Executive Airport, Immokalee Regional Airport, and Everglades Airpark that serve the air transportation needs of Collier County; and WHEREAS, the Airport Authority desires to create a citizen-member advisory board to advise it concerning these three publically-owned general aviation airports as well as any future publically-owned airports that are within the authority and control of Collier County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Creation of the Airport Authority Advisory Board. There is hereby created the Airport Authority Advisory Board ("Advisory Board"). 17C l'lf' SECTION TWO: Functions, Powers and Duties of the Advisory Board. The functions, powers and duties of the Advisory Board shall be to advise and make recommendations to the Airport Authority as follows: (I) The Advisory Board is created to assist the Airport Authority with all issues affecting the Marco Island Executive Airport, Immokalee Regional Airport, and Everglades Airpark ("Airports"), including the planning, development, and implementation of the policies, goals and objectives of the Airports. (2) The Advisory Board may make recommendations to the Airport Authority regarding: (a) airport master plans, (b) contracts and other instruments, (c) leases, licenses, easements and other instruments for the use of airport property, (d) work orders and change orders, and any other documents that pertain to airport business. (3) The Advisory Board may recommend policies and procedures for the operation of the Airports to include recommendations on resolutions, rules and regulations at the Airports. (4) The Advisory Board may promote awareness, utilization, and development of the publicaIly-owned general aviation Airports in Collier County pursuant to, and consistent with, the Airport Authority's goals and objectives and master plan. (5) The Advisory Board may make recommendations on grant opportunities and related agreements. (6) The Advisory Board will serve as a liaison between Collier County staff and the Airport Authority. (7) If deemed appropriate, the Advisory Board may submit its recommendations to the Airport Authority by resolution. Page 2 of5 17C SECTION THREE: Appointment and Composition; Terms of Office; Attendance and Filling Vacancies. The Advisory Board shall be composed of seven (7) members and one (I) alternate member who are Collier County residents and possess the business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation, or related fields. There shall be at least one (I) member of the Advisory Board appointed from Immokalee, Marco Island, and Everglades City if a qualified candidate residing within the respective area is available for appointment to the Advisory Board. No person holding elected office at the state, county or municipality level shall be appointed to, or be a member ofthe Advisory Board. Members of the Advisory Board shall be appointed and serve at the pleasure of the Airport Authority. Appoin1ments of members to the Advisory Board shall be by resolution of the Board of County Commissioners, as the governing body of the Airport Authority, which resolution shall set forth the date of appoin1ment. Appoin1ments to fill any vacancies on the Advisory Board shall be for the remainder of the unexpired term. Advisory Board members shall be sought in accordance with and shall meet the qualifications for membership and requirements outlined in Ordinance No. 01-55, as amended, or by its successor ordinance. Notwithstanding the forgoing, the Airport Authority members serving immediately prior to this Ordinance's adoption shall fulfill the remainder of their appointed terms as the initial appointees to the Advisory Board. Subsequent appointments shall be for four-year terms. Page 3 of5 17C SECTION FOUR. Removal from Office; Failure to Attend Meetings. Removal from office and attendance requirements shall be governed by Ordinance No. 01-55, as amended, or by its successor ordinance. SECTION FIVE. Officers; Quorum; Rules of Procedure. At its earliest opportunity, the membership of the Advisory Board shall elect a chairman and vice chairman from among the members. Officers shall serve for a one-year term with eligibility for reelection. The presence of four (4) or more members shall constitute a quorum of the Advisory Board necessary to take action and transact business. The Advisory Board shall, by majority vote of the entire membership, adopt by-laws for the scope and transaction of business to be approved by the Airport Authority. The Advisory Board shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Advisory Board minutes, resolutions, reports and exhibits shall be submitted to the Airport Authority. SECTION SIX: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall be made a part of the Code of Laws and , Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SEVEN: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a Page40f5 17C separale, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of ,2010. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRED W. COYLE, CHAIRMAN By: Approved as to form and legal sufficiency: -0 Jennifer B. White ,,>>"'0 Assistant County Attorney Page 5 of5 17C'I1! Acct #050389 February 19,2010 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 RE: Amending Ordinance 2004-03 (Airport Authority & Airport Authority Advisory Board) Dear Legals: Please advertise the above referenced notice on Friday, February 26, 2010, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.o. #4500116015 17C NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that on Tuesday, March 9, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County OrdinanceS. The meeting will commence at 9:00 A.M. The titles of the proposed Ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-03, KNOWN AS THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, BY AMENDING SECTION THREE, "DEFINITIONS;" SECTION FOUR, "CONTINUANCE OF AUTHORITY; AIRPORT BOUNDARIES;" SECTION FIVE, "GOVERNING BODY; MEMBERSHIP; APPOINTMENT AND TERMS OF OFFICE;" SECTION SIX, "COMPENSATION OF MEMBERS;" SECTION SEVEN, "POWERS, FUNCTIONS AND DUTIES;" SECTION EIGHT, "ANNUAL WORKSHOP; BUDGET AND REPORTS;" SECTION NINE, "ADMINISTRATIVE CODE;" SECTION TEN, "EXECUTIVE DIRECTOR;" SECTION ELEVEN, "NON-INTERFERENCE" AND SECTION FOURTEEN, "ADOPTION OF RULES AND REGULATIONS PREVIOUSLY ADOPTED BY THE COLLIER COUNTY AIRPORT AUTHORITY;" IN ORDER FOR THE BOARD OF COUNTY COMMISSIONERS TO SERVE AS THE GOVERNING BOARD OF THE COLLIER COUNTY AIRPORT AUTHORITY, AND PROVIDE THAT THE AIRPORT AUTHORITY EXECUTIVE DIRECTOR REPORT TO AND SERVE DIRECTLY UNDER THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE AIRPORT AUTHORITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CREATING THE AIRPORT AUTHORITY ADVISORY BOARD; PROVIDING FOR CREATION; PROVIDING FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR APPOINTMENT AND COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND FILLING OF VACANCIES; PROVIDING FOR REMOVAL FROM OFFICE FOR FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM AND RULES OF PROCEDURE; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on l1C behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252- 8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk l"YC Martha S. Vergara From: Sent: To: Subject: Attachments: Marlha S. Vergara Monday, February 22, 2010 11 :37 AM Naples Daily News Legals Amending Ord. 2004-03 - Airport Authority & Airport Authority Advisory Board Amending Ordinance 2004-03 (Airport Authority 3-9-201 O).doc; AMEND ORD 2004-03 (Airport Authority 3-9-10),doc Legals, Please advertise the following attached ad on Fridav. February 26, 2010. Please send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (ma rtha. verga ra(fucoll iercl erk. com) 1 Martha S. Vergara 17C From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Monday, February 22, 2010 3:30 PM Martha S. Vergara RE: Amending Ord. 2004-03 - Airport Authority & Airporl Authority Advisory Board ok From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Posted At: Monday, February 22, 2010 11:37 AM Posted To: Legals - NDN Conversation: Amending Ord. 2004.03 - Airport Authority & Airport Authority Advisory Board Subject: Amending Ord. 2004-03 - Airport Authority & Airport Authority Advisory Board Lega Is, Please advertise the following attached ad on Fridav, Februarv 26, 2010. Please send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (ma rtha. veroa ra@collierclerk.com) Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailingheIDdesk(ij)collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. l1rC Martha S. Vergara From: Sent: To: Subject: Naples Daily News [naplesnews@c1icknbuy,com] Friday, February 26, 2010 12:21 AM Marlha S. Vergara Thank you for placing your classified advertisement. Ad # 1841468 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that on Tuesday, March 9, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County ordinances. The meeting will commence at 9:00 A.M. The titles of I. he proposed Ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-03, KNOWN AS THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, BY AMENDING SECTION THREE, "DEFINITIONS;" SECTION FOUR, "CONTINUANCE OF AUTHORITY; AIRPORT BOUNDARIES;" SECTION FIVE, "GOVERNING BODY; MEMBERSHIP; APPOINTMENT AND TERMS OF OFFICE;" SECTION SIX, "COMPENSATION OF MEMBERS;" SECTION SEVEN, "POWERS, FUNCTIONS AND DUTIES;" SECTION EIGHT, "ANNUAL WORKSHOP; BUDGET AND REPORTS;" SECTION NINE, "ADMINISTRATIVE CODE;" SECTION TEN, "EXECUTIVE DIRECTOR;" SECTION ELEVEN, "NON-INTERFERENCE" AND SECTION FOURTEEN, "ADOPTION OF RULES AND REGULATIONS PREVIOUSLY ADOPTED BY THE COLLIER COUNTY AIRPORT AUTHORITY;" IN ORDER FOR THE BOARD OF COUNTY COMMISSIONERS TO SERVE AS THE GOVERNING BOARD OF THE COLLIER COUNTY AIRPORT AUTHORITY, AND PROVIDE THAT THE AIRPORT AUTHORITY EXECUTIVE DIRECTOR REPORT TO AND SERVE DIRECTLY UNDER THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE AIRPORT AUTHORITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CREATING THE AIRPORT AUTHORITY ADVISORY BOARD; PROVIDING FOR CREATION; PROVIDING FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR APPOINTMENT AND COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND FILLING OF VACANCIES; PROVIDING FOR REMOVAL FROM OFFICE FOR FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM AND RULES OF PROCEDURE; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of I. he proposed Ordinances are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item mttst register with the County administrator prior to presentation of I. he agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective pttblic hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of 1 17C !!f~.' the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based, If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance, Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380, Assisted listening devices for the hearing impaired are available in the County Commissioners' Office, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk February 26, 2010 No1841468 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos and even video/audio of your item. To log in to the New Ad Wizard use your email address and existing password. Go to: http://sccure.adpav.com/adwizard login.aspx?I=15396628, if this link is inactive, cut and paste it into your browser address window. If you need any assistance with your advertisement, please contact our classifieds department. 239-263-4700 Thank you for using naplesnews.com Online Classifieds. 2 17C ~,rporr A ORD1NA/Wl>fT:ilO'.') ~ NOnaOf INTEHt TO CONIIDEAWiNANCES Notice is ~ given mat on Tuesday, March 9, 2010, iri the Boardroom, 3rd floor, AdlwMlitraqoll lultdlr1g, Collier County. Governmeht Center, 3301 East Ta- miami Trait Napllls, Rdri'dll, the Board of County Commissioners wllf consider the enactment of II County ordinances. The meeting wiUcommence at 9:00 A.M. the titles of the proposed Ordmances are as follows: AN ORDINANCE OF THE. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN- TY, FLORIDA, AMENDING ORDINANCE' NO. 2004-03, KNOWN AS THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, BY AMENDING SeCTION THREE, "DEFc !NITIONS;" SECTION FOUR, "CONTlNUANCE Of AUTf"\ORITY;' AIRPORT BOUNDA- RIES;" SECTION FIVE, "GOVERNING SODY; MEM8ERSHIP; APPOINTMENT 'AND Tt'RMS OF C)fFICEi~ SeCTION '51)(, "COMPENSATION OF MEMBERS;" SECTION SEV. EN, "POWERS, FUNCTIONS AND DUTIES;" SECTION EIGHT: "ANNUAL WORKSHOP; BUDGET AND REPORTS;" SECTION NINE, "ADMINISTRATIVE CODE;" SECTION TEN, "EXECUTIVE DIRECTOR;" SECTIoN ELEVEN, "NON-INTERFERENCE" AND SECTION FOURTEEN, "ADOPTION OF RULES. AND REGULATIONS PREVIOUSLY ADOPTED BY THE COLLIE~ COUNTY AIRPORT AUTHORITY;" IN ORDER FOR THE BOARD Of COUNTY, COM'MI5S10~ERS TO SERVE AS THE GOVERNING BOARD OF THE COLU~R ~ AtRPb1tr' AUTHotUTY. AND PROVIDE THAT THE AIRPORT AUTHORITY EX- !ttIfNE DIRIt'TQa REPORT TO' A.ND SERVE DIRECTlY UNDER THE BOARD OF ~ cotf1MJS~eRS A.ctING AS THE AIRPORT AUTHORITY; PROVIDING FOR ~. ANP'. ,,$lYE, 1Ui.ILITY; PftOVIDING- FOR INCLUSION IN THE CODe OF LAWS "'~I~ANDPROVItJlNGJ:OR AN EFFECTIVE DATE. .:or :nit IOAAQ" Of :COUNTY'COMMIS$lQttlER$ OF COlliER COUN- ~G,M ~T AIJtHOIU:rY'Al:iVl~Y'fOA1tP;PROVIDIN(j i'lIPVlI)l~~~5~.A"'l p\!n'~~ ~N~L~~ :a~RiMOVAl FROMd'fflQi 'F ' ',' , ':,t:Fo ATIEND '.OA'OFf'ICfftS, QuORU,",ANP: , ' OURE; PRO- I,.,'COO&' OFLAWS,MtIQ" ,'Y' - lIitllNG FOR CMFlltrA , _:>' ",IUrv;AN()~OVIOIN~FO~An '" "',, ~. CopIes:Qf the',~. Qrdtna.. RC:e5are on.ll1ewJth ttMI CI.~1;O~'8oatd..lid are "ble forlftSPeWon. AlJjnMfftttd parties ani inVIted to attend and 1M heard.: NOYE:A~ PI.nons wishing to'fPe."ak o.n any. ,lQem:ialtemm~~i',wfth the 0Iuhtv lctmI"'lItof frior to~tation,of ;the 9nda'. item.to be addressed. lnC6iiduals~lI!f5wi bie.~!ttilI.t95I1'rinutfl:Qrl'anylttlm. The-s~f'Iofanln_ dMduar to S=OfI be~.l( I#~ 'rglm1atlO!I:l,:ot~,iJ',-..c..ged. If recog- niDd by the '. man..~f5on for a' gl'liup OI'CIrfll~ may be allotted 10minutestos . .on,~n-itiitn,' . \ . Persons wishing to 'have 'written or graphic materials included in the Board agen~ packets must submit said materiala. minimum..pf 3 weeks pri.or to the".r~jve public hearing, 'In any caw, written mlterlallltltended, to -be considtredby the Board shallbi 5ubrJ'litted to the lj)prClpriate C()jJryty staff a minimum of seven day,; prior. to the. pUbIlC:J;e"fln. G;AA;.';'ll1ateriat UH4::'tnJI~senqtiOl'S bte:fbre th,e---Board WlllbecOnlU~pai'fof.~fecord. . ,/'_" . . ., ~:~7; ~t~~r:C1lt~.r:e... ,q/!~~",.:~.:,~~. r~. :~...'~.'~= recore/of the PflXHdingsls mil$e. whid1 re(.'~w:lM the"testin'tOl1Y arid evf-. der'l(e~nwhfc~:""~a~-I5t1.iCb". . . If you are a person with a dlsabillty who needs .ny i1ecomtnodationlnorder to par- tiCIpate in thlsptOceedlog; you- ar,*..mJtled"at:no cO$1; to you,.-.to the provision of certain assistance, Please contact. the Collier County Facilities Man~ement Depart- ment. located at 330-1 Tamieml Trait East. BuHdlng W. Hlij)tes; Flonda34112, (239) 252-8380. .A$sistedlJltenlng deviQ!s for the he~ irnpJired' are available in the County Conwniisioners' Office. ' BOARD OF COUNTY COMMISSI~ ~ii~~_NTYt. .. "',liIOrlllO . CIeri< ~'1iIi',-:". N8:t...... Naples Daily News Naples, FL 34110 17C Affidavit of Publication Naples Daily News --------------------------------------------------+------------------------ '~Of tb"a.1~'....;.f\Io\ill\b&;Q;it. tott>e,.."",.t'" '''' ...........,. .~~~...~to-...l'".... ' NGTe,,:~~wi$bi~~ ~" 1n~.t~.~~::n~.=5S~~ R~~=.--'_~:I~ ,,~i!it~r'ft'~~~~ nized by the ,,',' ,._,n,:I . Ii 'gr01Jp''6f~-may be allotted 10minutestQ5,.j)J'l'~i",'~ ..... ' Pi!m:.M wishing to haft written otgrllJlh1c materials included In the Board agenda piKkets md5twbmltsald,matMlal a,m1nlmwn'f.tti~p!lorto the r~lIt p\ibll<: _ring. In "q-CIIit. wribn~, ,_,to'be;cQns:ldel1!d,by_the BOilird shallbi,~d to,tiW,.ppr~ C~ staff.,i'nln:imtml of seven days ~~~~~~~of~=~~r~.tn prese~ ~:_~,BGJfd Any petWlnwho~to.DDu! . ded.,,,. tht:"8oard:,w1H ~4~:,~rd. of the =7~~~~~~~==~:~': If you are It penon wttt,adlHbilltywbe ~."y ~atkm In order to par- ttdpateih<t~ils.tn'Oc"din~,~ are 1fJttt1ec1, .,1'10 C_~~i ~,the provision of ao.rtain ISSIS1a.,ce. "use cQi'rtJtt thetoUier County J1:.dl~ t.II.nagement Depart- ment ,I<<ated at. ., TamlllmlTMll fan. Bultdif:l9 W;'f4ap~ Flori(ta34,,2,. (2392391 252~ A$IIIitt4Jl$tfl!\k\l-dtvlces for tb.*rlngl~ar. iIIallable in the County comml$slbnefi'Qfft&. " , , . BOARD OF COUNTYCOMMISs/ON-EM CQLLIER COUtnY, fWJIlDA FRED COYLE, CWAJAMAR ' -DWIGHT E. BROCK.CttftK 02/26/10 MAR 05 lUlU 1i~~hi.V"rBP'D''''''''C~ "'lNP,NCE DEPT. AD SPACE: 106 LINE FILED ON: ::~:::~::-~:-~::::::-~-~-------------+------------------------ BCC OFFICE OF MGMT & BUDGET POBOX 413044 NAPLES FL 34101 REFERENCE: 050389 59608517 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personal appeared Phil Lewis, who on oath says that h serves as the Editor and Vice President of l. Naples Daily News, a daily newspaper publis Naples, in Collier County, Florida: that t attached copy of advertising was published ' newspaper on dates listed. Affiant further says that the said Naples News is a newspaper published at Naples, in Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, e day and has been entered as second class mai matter at the post office in Naples, in said Collier County, Florida, for a period of 1 y next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for t: purpose of securing this advertisement for publication in the said newspaper, PUBLISHED ON: 02/26 ~-r-T"""r-, ,. ..-; t.. l l-' J t\..~'-" .L.,__ Sworn to and Subscribed before me this 3rA Personally known by me NoTlQCiF INTENT TO cotISJ9ER ORt)iNANCES Notice is ~ given \it. "on Tuesday, March 9~ 20HI, in the Boardroom, 3rd FloOr; ~atiGfl.,1U '-' Collier Uiu~ Government Center,'33()1 East Ta. miami fratl, Naplft; 1fOridit; ,Board of county Commisllioners wHl corulder the enactment of a Cou~ ordinances. The meeting will commence at 9:00 A.M. The titles ofthe proposed Ordinances are as foli~: ' . AN ORDINANCE OF THE, B;O.AA.D OF COUNTY COMMISSIONERS OF COLLIER CQUN.' TV, FLORIDA., AMEND.ING:::,ORoINANC:E NO. 2004-03, KNOWN AS THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, 8'1, AMENDING SECTION THREE, "DEf- lNmON~= seCTION FOV.Fl, .'orm.NUAN~ Of' AUTHQfl:ITY; AIRPORT BOUNDA~ RIES;" ~C1lON ,f'1~E, ,~GOVtftNINGBOI:>-!i..MEM8EftSHIfl; APPOINTMENT AND TERMS OF oFfiCE'. SfC1'tQt.I'llX,"(!Cfitp("",TION OF MEM~RS;" 'SECTlON SEV. EN, "POWEfts, FUkdIONS AND DUTI~~ seCt10N EIGHT, ~A.NNUAl WORKSHOP; BUDGET AND REPQR1:S;'" sEcnon N."A.PMIMSTR!tTlVE CODE;~ SECTION TEN, "EXECUTJVf< tMlECTOR;~ 'aCTiON .ElEVEft. "'N()Jlf-W"l'EitfatNCE"'AN05ECTlON FOURTEEN, "ADOPTION OF RULES AND REGULATIONS PREVlOUSLVAOQPTED BY TH~ CO AIRPORT AUTHORITY;" IN ORDER FOR THE BOARD OF- c;ouN'fY l~: TO' SERVE AS THE GOVERNING. BOARD OF THE COLLIER CO\JHlY ,AND PROVIDE THAT THE AijtPORT AUTHORITY EX. E . .. to, AND SEIM: DIRECTLY. UNDER THE BOARD OF ( ACnNG',)\$'tHEAIRPORT AUTHORIT"(; PROVIDING FOR ; . .... FOR INCLUSION IN THE CODE OF LAWS IQftNtEfft.CflvrOA":E. ,Of (OLUER COUN. ~ j. PROVIDING G Fea FILLING ATTEND iJt;~gR No-1ll1.1UiJ1 day of tv\o. Y'C ~ 20\0 ",,~;,;~':~::~;,,~, KAROL E KANGAS ,~) "'\\: (" ~ t. ... ^\J\ ~ l Notary Public - SIdle of Florida '%"',..... ; .~Q..,.j My Cornrn. Expires Jul 29. 2013 '-,-;') 'J, {'c(~~", Commission # DD 912237 '",,,,.., 17 C tIn.. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken fiction on the item,) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infonnatioll needed. If the document is already complete with the exccotion of the Chairman's signature, draw a line through routinp lines # I throlloh #4, comnlete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routinl!: order) I. 2. 3. 4. Jennifer White, Ass!. County Attorney County Attorney JBW 3/9/10 5. Ian Mitchell, Supervisor - BCC Office Board of County Commissioners Operations 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bce approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one nfthe addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chainnan's signature are to be delivered to the Bee office only after the BCC has acted to approve the item.) Name of Primary Staff Jennifer B. White, Ass!. County Attorney Phone Number 252-8400 Contact Agenda Date Item was 3/9/10 Agenda Item Number 17-C Approved bv the BCC Type of Document Ordinance (Amending 2004-03 - Airport Number of Original One Attached Authority Ordinance) "2.- 0 l 19 - t <0 Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and lhe Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval oflhe document or the final ne otiated contract date whichever is a Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 3-9-10 and all changes made during the meeting have been incorporated in the attaebed document. The County Attorney's Office has reviewed the chan es, if a Iicable. Yes (Initial) JEW N/A (Not A licable) 2. 3. 4. 5. 6. JBW JEW JBW JBW JEW I: Formsl County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08-MGR-OO I 32133 MEMORANDUM Date: March 18,2010 To: Jennifer Belpedio- White Assistant County Attorney From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinances: 2010-10 and 2010-11 Enclosed please find a copy of the document referenced above, Agenda Item #17C and #17D, adopted by the Board of County Commissioners on Tuesday, March 9, 2010. The Minutes & Records Department has retained an original document to be kept in the Official Records of the Board. If you should have any questions, please contact me at 252-8411. Thank you. Teresa Polaski Enclosures 17C 17CI. MEMORANDUM Date: March 18,2010 To: Larry Lawrence Property Appraiser From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinances: 2010-09,2010-10 and 2010-11 Attached, for your records you will find one (I) copy of the documents referenced above, adopted by the Board of County Commissioners on Tuesday, March 9, 2010. If you should have any questions, please call me at 252-8411. Thank you. Attachments 17Cl'lP ORDINANCE NO. 2010 - 1 0 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-03, KNOWN AS THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, BY AMENDING SECTION THREE, "DEFINITIONS;" SECTION FOUR, "CONTINUANCE OF AUTHORITY; AIRPORT BOUNDARIES;" SECTION FIVE, "GOVERNING BODY; MEMBERSHIP; APPOINTMENT AND TERMS OF OFFICE;" SECTION SIX, "COMPENSATION OF MEMBERS;" SECTION SEVEN, "POWERS, FUNCTIONS AND DUTIES;" SECTION EIGHT, "ANNUAL WORKSHOP; BUDGET AND REPORTS;" SECTION NINE, "ADMINISTRATIVE CODE;" SECTION TEN, "EXECUTIVE DIRECTOR;" SECTION ELEVEN, "NON-INTERFERENCE;" AND SECTION FOURTEEN, "ADOPTION OF RULES AND REGULATIONS PREVIOUSL Y ADOPTED BY THE COLLIER COUNTY AIRPORT AUTHORITY;" IN ORDER FOR THE BOARD OF COUNTY COMMISSIONERS TO SERVE AS THE GOVERNING BOARD OF THE COLLIER COUNTY AIRPORT AUTHORITY, AND PROVIDE THAT THE AIRPORT AUTHORITY EXECUTIVE DIRECTOR REPORT TO AND SERVE DIRECTLY UNDER THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE AIRPORT AUTHORITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, Chapter 332, Florida Statutes, authorizes Collier County to acqUIre, establish, construct, enlarge, improve, maintain, equip, operate, and regulate County airports and other navigation facilities; and WHEREAS, Section 332.08. Florida Statutes, authorizes Collier County to vest authority for the construction, enlargement, improvement, maintenance, equipment, operation, and regulation thereof in an officer, a board, or body by ordinance or resolution which shall prescribe the powers and duties of such officer, board or body; and WHEREAS, the governing body of the Airport Authority has previously been composed of seven citizen members appointed by the Board of County Commissioners; and WHEREAS, the Board of County Commissioners now desire to serve as the governing body of the Airport Authority and create a citizen-member advisory board(s) to advise the Board concerning County airports; and Page I of 12 Words underlined are added; Words ,trHele threHgh are deleted. 1 7 C i*ij t:w WHEREAS, the Board of County Commissioners desires to appoint the members of the Airport Authority that exist as of the date immediately preceding the effective date of this Ordinance amendment to the Airport Authority Advisory Board; and WHEREAS, the Board of County Commissioners desire to make the Airport Authority Executive Director serve at its pleasure; and WHEREAS, the Board of County Commissioners desire to adopt all policies and procedures of the Airport Authority, to include the Administrative Code, in existence as of the etTective date of this Ordinance amendment. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO SECTION THREE OF ORDINANCE NO. 2004-03, AS AMENDED. Section Three of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION THREE. Definitions. As used in this Ordinance, the following words and terms shall have the following meaning unless the context clearly requires otherwise: * * * "Authority" means the Collier County Airport Authority created by OrdiRaHce No. 93 36 aRd continued by this OrdiRaRce. * * * SECTION TWO: AMENDMENTS TO SECTION FOUR OF ORDINANCE NO. 2004-03, AS AMENDED. Section Four of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION FOUR. Continuance of Authority; Airport Boundaries. A. THe Board, OR hIRe 22, 1993, by eRactmeRt of Collier County OrdiRaRce No. 93 36, created a seveR member body designated as the Collier County ,^.irport Authority. Page 2 of 12 Words underlined are added; Words strH61~ throu;;h are deleted. 17C B A. The Authority is a "political subdivision" of Collier County as defined in subsection 333.01(9), Florida Statutes. The Authority is also a "political subdivision" of Collier County as used in Section 196.199, Florida Statutes, regarding ad valorem taxation. C. The ,^,uthority is Rot a "department" under Collier COlolRty OrdiRaRee No. 84 44, as ameRded. Neither tHe autHority, tile :\uthority's E)[ecutive Direetor, Ror otller employees of the :\utHority are under maRagemeRt of the County Manager. f) !!.. The Authority shall take no action that is inconsistent with applicable general law, any applicable special act, any applicable comprehensive land use plan, any applicable land development ordinance, or any other applicable ordinance, rule or regulation adopted by the Board pursuant to Chapters 332 or 333, Florida Statutes, or any applicable regulation of any governmental entity that has authority to adopt regulations that are superior to the Authority with respect to the specific issue. g !;;. The legal description and a map of each of these three airports are attached hereto and are a part hereof as Exhibits A, Band C. The legal description and maps may be amended by Resolution of the Airport Authority. SECTION THREE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO. 2004-03, AS AMENDED. Section Five of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION FIVE. Governing Body; Membership; Appointment and Terms of Office :\. The governing body of tHe /\HtHority SHall be composed of seven (7) members aRd ORe (l) alternate member appoiRted by tHe Board. The alternate member shall aet oRly iR tHe absence, or disqualification, of a reg;ular member. E)[eept when a member is appoiRted to fill the remaiRder of a vacated term, members SHall be aflpoiRted to serve four year terms. THere are RO limitatioRs OR tHe Rumber of times that members of tHe ,^.utllority may be re appoiRted to the Authority. In tHe eveRt tHis pro'/isioR eonflicts 'Nith any other Collier County rule, regulation or ordinance, this provision shall prevail. UpOR eHe e)[piration of a member's term of offiee, sHeH member snail maintain his or her appointment HRtil tile member is eitHer re appoiRted or a SHeeessor is appoiRted b) the Board. B. Members of the ,^.HtHority may be removed with or without cause by a majority 'iote of tHe memberSHip of tile Board. Vacancies on the :\uthority shall be filled iR tHe same manner as the origiRal appoiRtmeRt. C. Members of the ,^,uthority shall be residents of Collier CouRtyaRd mHst Have bHsiRess ability and experience in one or more fields which, by 'Nay of e)[aHlple, may iRelHde, but are not limited to, geReral bHsiRess, eeoRomie development, aviation, public affairs, law, fiRaRee, aeeoHRtiRg;, eRg;ineering, natural resouree conser'iation, or related fields. THere SHall be at least one (l) member of the /\uthority appointed fi'om Immokalee, Mareo IslaRd, aRd Everg;lades Page 3 of 12 Words underlined are added; Words "truel< through are deleted. 17 C IliI ,~, City of a qualified eandidate '""ho resides within the resjleetive area is availaBle for apjloiHtmeHt to the f.uthority. No jlers0H holdiHg eleeted offiee at the state, county or municipality level shall be appointed to, or Be a memBer of, the :\uthority. A. The Board of Countv Commissioners hereby declares itself to be the Collier County Airport Authority. l) .a. Effective as of the beginning of each fiscal year (October l), the Authority shall from its members elect a chairman and vice chairman. The f.Hthority may delegate the dHties of secretary to the ())[()cutive direetor of the .'\uthority or desiplee. If an election does not occur, the chairman and vice-chairman of the Board of County Commissioners will hold those same positions on the Airport Authority governing board. E !:.. The County's Purchasing Policy and the County's Personnel Rules and Regulations will apply to the Authority except as provided otherwise in the Authority's Administrative Code, as amended from time-to-time. I" D. The Clerk to the Board shall, to the extent required by law, serve as clerk to the Authority. The Authority, at its discretion, may utilize the services of the Clerk over and above the services the Clerk must perform for the Authority as a matter of law. The Authority shall annually budget and reimburse the Clerk as appropriate for the cost of all services and materials supplied by the Clerk to the Authority. The Authority shall organize its own financial records to facilitate its day-to-day operations and provide financial records in such form and in such manner as required by Chapter 218, Florida Statutes, and additional requirements, if any, specified in the Authority's Administrative Code. To the extent allowed by law, the Authority may, through its Administrative Code, remove itself from fiscal and other review and approval by the Clerk to the Board. G.E. Other Departments of the County, including the office of the County Manager, may assist the Authority as requested by the Authority. The Authority shall reimburse each respective department for the cost of services and materials supplied by that department to the Authority. SECTION FOUR: AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2004-03, AS AMENDED. Section Six of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION SIX. Compensation of Members. The members of the Authority shall receive no compensation but each shall be reimbursed expenses in accordance with the provisions of general law, and in conformity with the Authority's budget as ajljlfoved by the Board. Page 4 of 12 Words underlined are added; Words sImek Ihro"gh are deleted. 17C r SECTION FIVE: AMENDMENTS TO SECTION SEVEN OF ORDINANCE NO. 2004-03, AS AMENDED. Section Seven of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION SEVEN. Powers, Functions and Duties. A. The Authority shall be responsible for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and all related airport facilities. The day-to-day activities of the i\uthority, of the Executive Director, and of the Authority's other employees shall not require prior approval from the Board. Authority. or the County Manager. B. The Authority shall have no power to levy or collect ad valorem taxes unless provided otherwise in a special act of the Florida Legislature. C. The Authority has the following powers and duties: 1. Subject to and consistent with the Authority's budget, to make and execute contracts and other instruments necessary or convenient to the exercise of its powers. 2. The Authority may adopt resolutions, rules and regulations that are necessary to conduct the business of the Authority. 3. To accept gifts; to apply for and use grants or loans of money or other property from the United States, the State of Florida, any unit of local government, or any person for any lawful purpose; to hold, use, sell and dispose of such monies or property for any Authority purpose in accordance with the terms of the gift, grant, loan or agreement relating thereto; and to enter into interlocal agreements as convenient to accomplish its goals. 4. To maintain an office within the County at such place or places the Authority designates. 5. Subject to prior approval of tHe Board, t 10 borrow money and issue revenue bonds or anticipation certificates, warrants, notes or other evidence of indebtedness; to designate an agent of record; to sell or mortgage real or personal property, or to accept any grant. 6. To adopt by resolution a schedule of rates, fees and other charges for the use of the services, airports and airport facilities to be paid by owners, tenants, or occupants of each parcel of land or the user of any facility which may be connected with or provided service, use or availability of any airport facility. The initial schedule of such rates, fees and other charges shall be those in effect at the three airports as of the effective date of this Ordinance. The Authority may from time-to-time revise the schedule of rates, fees Page 5 of 12 Words underlined are added; Words stmEk lAfOHgh are deleted. 17C I ~ , and other charges. Such rates, fees, and other charges shall be adopted and revised so as to provide funds, which, with other funds available for such purposes, shall be sufficient at all times to pay the expenses of operating and maintaining the airports and airport facilities (including reimbursements to the county), to provide a margin of safety over and above the total amount of such payments, and to comply with covenants to bondholders. Also to provide, if applicable, reserves for the principal and interest on revenue bonds as the same may become due. The Authority shall charge and collect such rates, fees, and other charges so adopted and revised. 7. To sub-lease as sub-lessor, and to lease as lessee, to or from any person, firm, corporation, association, or body, public or private, any airport facility or airport property of any nature for the use of the Authority to carry out any purpose of the Authority. To grant easements, licenses and use agreements at each airport. EaeR sub lease 'Nflere the .^.uthority is the sub lessor, and each graffi of allY sueR easement, license or other use agreemeFlt, shall be subject to approval of the Board if the term of the sub lease, license, easemeFlt, use agreement or other agreemeHt or document '.vill eOHtrol use or oeeupaHCY of real property for a term greater tReR fi'/e (5) years, including every optioH to rellcw or extend the term. 8. To acquire by purchase, lease, gift, dedication, or devise, or otherwise, real and personal property or any estate therein for any lawful purpose of the Authority; also to trade, sell or otherwise dispose of surplus real or surplus personal property in accordance with general law. The Authority may purchase equipment by an installment sales contract if budgeted and funds are available to pay the current year's installment and to pay the amounts due that year on all other installments and indebtedness. The Authority shall have no power of eminent domain except (a) in the name of the county pursuant to Chapter 74, Florida Statutes, as authorized by the Board, or (b) except as authorized by special act of the Legislature. 9. To hold, control and acquire by donation or purchase any public easements, dedications to public use, platted reservation for public purpose, or reservation for any lawful purpose of the Authority, and to use such easement, dedication or reservation for any lawful purpose of the Authority. 10. To hire employees, includiFlb the Executive Director, who shall be an employees of the County and shall be subject to the County's j'Iuman Resources Policies and Procedures except to the extent, if any, specifically provided otherwise in the Authority's Administrative Code. 11. To contract for professional services including, but not limited to, planning, engineering, legal, and/or other professional services. No person engaged to provide such services shall be an employee of either the Authority or the County. 12. At the Authority's discretion, the County Attorney's office will serve as the Authority's attorney. The Authority may retain individual attorneys at law and/or law Page 6 of 12 Words underlined are added; Words ,tme" tlueugh are deleted. 17C i k....~.. ~,.,,~ firm(s) to serve as the Authority's attorney for some or all of the Authority's legal servIces. 13. To exercise all power and Authority that is convenient and appropriate to accomplish any duty, responsibility, goal, plan, or purpose of the Authority as provided for in this Ordinance. 14. To create advisory board(s) by ordinance. D. The Authority shall have a lien upon all aircraft landing upon any airport operated by the Authority for all charges for fuel, landing fees and other fees and charges for the use of the facilities of such airport by any such aircraft, when payment of such charges and fees is not made immediately upon demand therefore to the operator or owner of the aircraft by a duly authorized employee of the Authority. The lien for the full amount of the charges and fees due to the Authority attaches to any aircraft owned or operated by the person owing such charges and fees. Such lien may be enforced as provided by law for the enforcement of warehousemen's liens in Florida. It is unlawful for any person to remove or attempt to remove any such aircraft from such airport after notice of the lien has been served upon the owner or operator thereof or after posting of such written notice upon such aircraft. Any person who removes or attempts to remove any such aircraft from the airport after service or posting of the notice of the lien as herein provided, and before payment of the amount due to the Authority for fees or charges incurred by such aircraft, shall be guilty of a criminal offense and misdemeanor within the meaning of Section 775.08, Florida Statutes, and shall be punished as provided by law. SECTION SIX: AMENDMENTS TO SECTION EIGHT OF ORDINANCE NO. 2004-03, AS AMENDED. Section Eight of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION EIGHT. Annual workshop; budget and reports. A. The "^.uthority Executive Director shall schedule and conduct one (1) workshop with the Boofd Authority prior to submission of the ,^,uthority's Executive Director's tentative annual budget request. For each fiscal year the Authority Executive Director shall prepare a tentative annual budget including revenues and expenses for the operation of the three airports during the ensuing fiscal year. The budget shall be transmitted to the County Manager for Authority and Board review and adoption on or before May 1, or otherwise in accordance with the County's general budget policy or general law, whichever date is earliest. Each proposed budget shall include an estimate of all planned and contingent expenditures of the Authority for the ensuing fiscal year, plus an estimate of all income to the Authority from all sources for that fiscal year and shall include an update of the Authority's five-year strategic business plan. The Board shall consider the proposed budget item by item and may either approve the budget as proposed by the Authority, or modify the same in part or in whole. The budget of the Authority shall be adopted in the same manner provided, and the times established by law for the adoption of the budget by the County. The Authority shall be responsible for the implementation of the budget Page 7 of 12 Words underlined are added; Words strue" l"mugh are deleted. 17C eil as approved by the Board. The annual budget proposed by the Authority and approved by the Board should continuously implement the Authority's five-year master plan. B. By March 15th of each year, the ,^.uthority Executive Director shall submit to the board an annual report on its airport activities and operations for the preceding fiscal year, including an independent financial audi t. C. For the December, March, June and September calendar quarters of each year, the Aathority Executive Director, not later than forty - five (45) days following the end of each quarter, shall deliver to the Beaffi Authority a quarterly financial report including the status of grants and income from sub-leases, licenses, and other revenue producing items. SECTION SEVEN: AMENDMENTS TO SECTION NINE OF ORDINANCE NO. 2004-03, AS AMENDED. Section Nine of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION NINE. Administrative Code. A. The Authority shaH may adopt an Administrative Code by ResolutionCs) that prescribes details regarding the powers, duties and functions of the officers of the Authority; the conduct of the business of the Authority; the maintenance of records and the form of other documents and records of the Authority. The i\dministratiye Code and amendments thereto are not sHbjeet to appro'/al of the Board or of the CO~lI1ty Manager. B. The Administrative Code shall organize the administration of the Authority and shall detail the duties, responsibilities, policies, rules and regulations of the Authority as delegated to the Authority by this Ordinance, by other ordinances, by rules and regulations of the Board, or by Special Act of the Legislature. C. The Administrative Code in existence as of the date of this Ordinance amendment is effective only to the extent that it is consistent with Collier County rules and regulations and this Ordinance. SECTION EIGHT: AMENDMENTS TO SECTION TEN OF ORDINANCE NO. 2004- 03, AS AMENDED. Section Ten of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION TEN. Executive Director. A. The Authority shaH may have an Executive Director to serve as the Authority's chief operating officer. The Executive Director shall be hired by an affirmative vote of the membership of the Authority subject to (i) the Board approving each seareh for an E)(Ccutiye Direetor, Oi) the Board approving the individual reeommended to the Board for employment as Page 8 of 12 Words underlined are added; Words struek through are deleted. 17C I' Em~eHtiYe Direetor, and (iii) the Board approving the proposed employment agreement. Subject to the provisions of an Employment Agreement of the Executive Director, the Executive Director may be terminated, with or without cause, by an affirmative vote of the membership of the Authority. B. The Executive Director shall work under the direction ofthe Authority. C. The Executive Director shall be the chief operating officer of the Authority. All executive and administrative responsibilities and powers specified herein shall be assigned to and vested in the Executive Director. D. The Executive Director shall: I. Be responsible for the administration, management and operation of the airports and airport facilities. 2. Formulate and prepare recommendations regarding policies, rules and regulations, directives, programs, agreements, sub-leases, leases, contracts, and all other documents which require consideration, action, or approval of the Authority. 3. Implement all lawful directives of the Authority. 4. Prepare annual budget and the annual report for approval of the Authority and the Board. 5. Recommend employment of: direct, supervise, and recommend personnel actions regarding Authority employees in accordance with the County's Human Resources Policies and Procedures, except to the extent those policies and procedures do not apply to the Authority as exempted by the Authority's Administrative Code. The Executive Director shall also direct and supervise professional service providers engaged by the Authority. 6. Carry out such other powers and duties as may lawfully be assigned by the Authority. E. The Executive Director shall be qualified by executive and administrative experience. Minimum qualifications for the Executive Director are to be specified in the Administrative Code. The compensation of the Executive Director as specified in the applicable employment agreement shall be set by the Authority in accordance with the budget approved by the Board, and in accordance with the County's Human Resources Policies and Procedures, except to the extent those policies and procedures do not apply to the Authority because of exemptions provided for in the Authority's Administrative Code. Page 9 of 12 Words underlined are added; Words otrae\; t~roHg~ are deleted. 17 G :~, SECTION NINE: AMENDMENTS TO SECTION ELEVEN OF ORDINANCE NO. 2004-03, AS AMENDED. Section Eleven of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION ELEVEN. Non-Interference. Consistent with Ordinance No. 93-72. as amended (County Manager's Ordinance) and Ordinance No. 96-40. as amended (Collier County Personnel Ordinance),Mmembers of the Authority may communicate with employees, officers, agents under the direct or indirect supervision of the Executive Director, including professional service providers, for the purpose of inquiry or information. Except for purposes of inquiry or information, no member of the Authority shall give directions to or interfere with any employee, officer, agent, or with any professional services provider under any direct or indirect supervision of the Executive Director. SECTION TEN: AMENDMENTS TO SECTION FOURTEEN OF ORDINANCE NO. 2004-01, AS AMENDED. Section Fourteen of Ordinance No. 2004-0l, as amended, is hereby amended as follows: SECTION FOURTEEN. Adoption of Rules and Regulations Previously Adopted By the Collier County Airport Authority. A. The Board of County Commissioners, pursuant to Section 332.08, Florida Statutes, hereby adopts all of the following Rules and Regulations heretofore adopted by the Collier County Airport Authority ("Authority"): l. The Collier County Airport Authority Rules and Regulations for General Aviation Airports, Collier County, Florida, applicable to the Everglades Airport, to the Immokalee Regional Airport, and to the Marco Island Executive Airport, adopted by the Authority as revised on Febmary 11,2002 (17 pages) February 1, 2002. 2. The Collier County Airport .^.uthority Minimum Standards for Commereial and Non Commereial .^.eronautical /\etiyities at the Immokalee RegioRal .'\irport, adopted by the .'\uthority as revised on February 11, 2002 (17 pages). 3. The Collier County .^.irport .^.uthority MiRimum Standards for Commereial and NOR Commercial .'\eroRautieal ,^.cti'lities at the Everglades .^.irpark, adopted by the .'\uthority as revised OR February 11,2002 (17 pages). 1. The Collier County Airport .^.uthority MiRimum Standards for Commercial lllld Non Commereial .'\eronautieal ,'\ctivities at the Marco IslaRd EKecutive .'\irport, adopted by the .^.uthority as revised OR February 11, 2002 (l 7 pages). Page ] 0 of ] 2 Words underlined are added; Words stmEk through are deleted. 17C ill 2. Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports, as revised on November 14, 2005 ~ ;J,. The Collier County Airport Authority Administrative Code, adopted by the Authority as revised on February 1 l, 2002 (12 pages) August 9, 2004. 61.. The Collier County Airport Authority Leasing Policy adopted by the Airport Authority as revised on February 11,2002, (19 pages). B. Subsection 332.08(2)(b), Florida Statutes, (authorizing enforcement of violations of such Rules and Regulations as a second degree misdemeanor) applies only to Rules and Regulations adopted by the Board. Future amendments to such Rules and Regulations may not be enforced as a misdemeanor pursuant to this Ordinance until each such respective future amendment(s) is/are adopted by the Board pursuant to Section 332.08, Florida Statutes, which may be by adoption of a Resolution of the Board subject to the four weeks public notice requirement. However, this limitation does not affect enforcement of any such future amendment(s) to any such Rule or Regulation cxcept when thc amended Rule or Regulation is to be enforced as a misdemeanor. Violation of any such future amendment not yet then adopted by the Board may be referred for ent()rcement to ,my Collier County enforcement department and/or to any outside agency or entity, j()f enf()rcement by other means. C. Every violation of any such Board adopted Rule and/or Regulation shall be a separate violation of this Ordinance. Also, evcry individual who, while in the presence of a law enforcement officer, either refuses to immediatcly obey an oral order (instruction) to leave the airport, or to move his/her person to some other part of the airport, or who is then committing any violation of any such rule or regulation, or is committing a trespass anywhere in any secured area of an airport, such law enforccment otlicer may arrest the violator without a warrant for any such violation(s), which Authority to arrest without a warrant is authorized by subsection 90 1 .15( 1), Florida Statutes. SECTION ELEVEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The proVISiOns of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TWELVE: CONFLICT AN]) SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be Page II of 12 Words underlined are added; Words struck tRroHgR are deleted. 17 C !1I deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THIRTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thisc'\-\-hlay of t-\.Cl..""-~ ,2010. ATTEST: ., DWIGJ;f.TE:MOCt<;J~LERK : .... ..~.......\. k ~~~~ 111J1l.t~;"..~,,: '\:" .... . .. J"":'.1':", ,- Approved as tOlorm and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: W. FRED W. COYLE, CH ~'?~u~~. Jennifer B. White Assistant County Attorney Page 12 of12 Words underlined are added: Words struek through are deleted. 17C t,:l STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010-10 Which was adopted by the Board of County Commissioners on the 9th day of March, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this lOth day of March, 2010. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners pqU;-'o(4 ~ Tere!'Jti.Poraski, . Deputy Clerk